However, as discussed further below, there is a duty "implied in every contract for work or services" to perform skillfully and "in a workmanlike manner." Schofield Interior Contractors, Inc. v. Standard Bldg. Co., Inc. , 293 Ga.App. 812, 668 S.E.2d 316, 318 (2008). There has been some confusion in past Georgia case law as to whether a violation of this duty to perform work in a "workmanlike" manner appropriately sounds in contract or tort.

(Citations, punctuation and footnote omitted.) Schofield Interior Contractors v. Standard Bldg. Co., 293 Ga. App. 812, 814 (668 SE2d 316) (2008). In support of their negligence claim, appellants relied upon the affidavit of James Ahlberg, a civil and geotechnical engineer who opined, based upon his review of soil reports before and after the grading work was completed, that

(Citations, footnote and emphasis omitted.) Schofield Interior Contractors v. Standard Bldg. Co., 293 Ga. App. 812, 813 ( 668 SE2d 316) (2008). Viewed in the light most favorable to Gettner, the record shows the following.

Under Georgia law, a negligent construction claim does not derive from contractual duties but rather requires proof of a "breach of a duty implied by law to perform the work in accordance with industry standards." Schofield Interior Contractors, Inc, v. Standard Bldg. Co., 293 Ga.App. 812, 814, 668 S.E.2d 316, 318 (2008) (quoting Fussell v. Carl E. Jones Dev. Co., 207 Ga.App. 521, 522, 428 S.E.2d 426, 427 (1993)). "The law imposes upon building contractors and others performing skilled services the obligation to exercise a reasonable degree of care, skill, and ability, which is generally taken and considered to be such a degree of care and skill as ... is ordinarily employed by others of the same profession."

"The law imposes upon building contractors and others performing skilled services the obligation to exercise a reasonable degree of . . . care and skill as, under similar conditions and like surrounding circumstances, is ordinarily employed by others of the same profession." Schofield Interior Contractors, Inc. v. Standard Bldg. Co., 668 S.E.2d 316, 318 (Ga.Ct.App. 2008) (citations omitted).

. Schofield Interior Contractors, Inc. v. Standard Bldg. Co., Inc., 293 Ga.App. 812, 814; Hall v. Harris, 239 Ga.App. 812, 817 (1999)

Here, Defendant had the "duty implied by law to perform the work in accordance with industry standards." Schofield Interior Contractors, Inc. v. Standard Bldg. Co., Inc., 293 Ga. App. 812, 814 (2008); see also Jai Ganesh Lodging, Inc. v. David M. Smith, Inc., 328 Ga. App. 713, 720 (2014). This duty requires "building contractors and others performing skilled services" to "exercise a reasonable degree of care, skill, and ability, which is generally taken and considered to be such a degree of care and skill as, under similar conditions and like surrounding circumstances, is ordinarily employed by others of the same profession."

(Citations, punctuation and footnote omitted.) Schofield Interior Contractors v. Standard Bldg. Co., 293 Ga.App. 812, 814, 668 S.E.2d 316 (2008). In support of their negligence claim, appellants relied upon the affidavit of James Ahlberg, a civil and geotechnical engineer who opined, based upon his review of soil reports before and after the grading work was completed, that

Indeed, to show reversible error, “there must be harm as well as error and the lack of harm makes this enumeration of error without merit.” Schofield Interior Contractors, Inc. v. Standard Bldg. Co., 293 Ga.App. 812, 814, 668 S.E.2d 316 (2008) (emphasis supplied) (punctuation omitted). Accordingly, the trial court's decision to instruct the jury on industry standards did not amount to reversible error.